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|Multiple Challenges Make Expanding Private Coverage Difficult, U.S. Government Accountability Office Explains|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
February 5, 2014, previously published on February 2, 2014In response to a request by members of Congress to study the possibility of private insurers providing more comprehensive insurance, the U.S. Government Accountability Office ("GAO") issued a January 30, 2014 report addressing (1) what perils homeowners policies typically cover and...
|Texas Supreme Court Limits the Scope of the Contractual Liability Exclusion|
Micah E. Skidmore; Haynes Boone LLP;
February 5, 2014, previously published on January 21, 2014On Friday, January 17, 2014, the Texas Supreme Court issued its opinion in Ewing Construction Company v. Amerisure Insurance Company - holding that “a general contractor who agrees to perform its construction work in a good and workmanlike manner, without more, . . . does not ‘assume...
|Faulty Workmanship and Defective Products - Covered By Insurance Or Not?|
Michael R. Bosse; Bernstein Shur;
February 5, 2014, previously published on January 30, 2014Most contractors know that the availability of commercial liability coverage for construction defects is a shifting and complicated issue that the courts have wrestled with over the years, with varying and inconsistent outcomes. Many in the industry report that the majority rule is that there is no...
|Insurer’s Summary Judgment Affirmed on Equitable Fraud Count and Policy Rescinded (New Jersey Appellate Division)|
Fineman Krekstein Harris P.C.;
February 4, 2014, previously published on January 29, 2014In Those Certain Underwriters at Lloyd’s, London Subscribing to Policy No. Buy1780 v. Cleopatra, LLC, the insurer brought suit against its insured seeking declaratory judgment and rescission of the policy for material misrepresentation by the client on the insurance application. In November...
|Eastern District Denies Insured’s Motion on the Pleadings of Insurer’s Bad Faith Breach Of Contract Counterclaim (Philadelphia Federal)|
Fineman Krekstein Harris P.C.;
February 4, 2014, previously published on January 22, 2014In Solid Waste Servs. v. New York Marine & Gen. Ins. Co., plaintiff brought suit against its insured concerning subrogation of an employee’s personal injury claim. Plaintiff was self-insured up to $1 million per claim under the Pennsylvania Workers’ Compensation Act, after which the...
|Tenth Circuit Reinstates Chemical Worker's Disability and Family Medical Leave Act Retaliation Claims|
David M. Eisenberg; Baker Sterchi Cowden & Rice, L.L.C.;
February 4, 2014, previously published on January 23, 2014Plaintiff Steven Smothers was an 18-year employee of Solvay chemicals, who worked as a surface maintenance mechanic in Defendant Solvay Chemicals’ trona mine in Sweetwater County, Wyoming. Smothers suffered a neck injury in 1994, and developed degenerative disk disease in his spine. This...
|When Do Damages Arising Out of Defective Work Trigger the Contractual Liability Exclusion?|
Jaime B. Wisegarver; Hirschler Fleischer A Professional Corporation;
February 4, 2014, previously published on January 29, 2014Ewing Construction Company, Inc. v. Amerisure Insurance Company, 2014 WL 185035 (Tex. Jan. 17, 2014) came to the Supreme Court of Texas on two certified questions from the United States Court of Appeals for the Fifth Circuit, both of which centered around the contractual liability exclusion in a...
|New York’s Proposed ERM and ORSA Requirements: A Uniform Approach?|
Drinker Biddle Reath LLP;
February 3, 2014, previously published on January 23, 2014New York’s recently proposed regulation on enterprise risk management (ERM) and own risk and solvency assessment (ORSA) incorporates many of the concepts adopted by the National Association of Insurance Commissioners (NAIC) and, so far, uniformly adopted by a number of states.
|Vietnam’s Insurance Market: An Overview - January 2014|
Quynh-Anh Lam; Mayer Brown JSM Vietnam Limited;
January 31, 2014, previously published on January 29, 2014Vietnam started liberalising its insurance market by allowing foreign insurers to participate in the domestic market almost 20 years ago. Since then, its insurance market has grown exponentially. Before the 1990s, Vietnam’s insurance market was dominated by state-owned insurance enterprises....
|Supreme Court Affirms Enforceability of Plan Limitations Provision|
Joseph E. Clark, Amy Covert; Proskauer Rose LLP;
January 31, 2014, previously published on January 28, 2014Resolving a split among the Courts of Appeal, the United States Supreme Court affirmed the Second Circuit in finding enforceable a limitations provision in a long term disability ERISA plan that set forth the length of the limitations period as well as when the period commenced. The plan at issue...